Affirming a trial court order dismissing claims covered by a Release agreement signed in mediation, a North Carolina appellate court held that a Release agreement covering "any and all claims whether known or unknown" was broad enough to encompass claims not specifically mentioned in the Release.

In Weaver v. Saint Joseph of Pines, Inc., No. COA06-1524, 2007 WL 4104888 (N.C. Ct. App. Nov 20, 2007), Weaver, administrator of Frankie Vampers's estate, sued Saint Joseph of Pines (SJP) for negligence and wrongful death. On May 20, 2003 SJP employees transported Ms. Vamper in a van to receive dialysis treatment. A piece of the mechanical wheelchair lift broke and landed on Ms. Vamper's leg. Weaver asserted Ms. Vamper suffered serious injuries ultimately resulting in her leg's amputation and eventual death three years later.

Before Weaver's suit, SJP had attempted to recover a $29,174.54 debt owed by Ms. Vamper and her family for services rendered at SJP's facility. In June 2005, the parties entered into a mediation agreement whereby the Vampers agreed to pay SJP $6,000 as "full and final settlement of the pending lawsuits" and SJP agreed to dismiss its suit with prejudice. The Vampers also agreed to release SJP for any additional claims.

SJP moved to dismiss the suit, arguing the Release barred Weaver's claim. The trial court dismissed Weaver's suit. Weaver appealed, asserting the Release only covered the debt collection dispute.

The Court held that the parties entered into a valid Release agreement and that the agreement covered Weaver's claims. The Release's language covering "any and all claims…whether known or unknown… of any kind of character, which they now have, or might otherwise have against the SJP, arising out of or related to the care and treatment of Frankie Mae Vamper… are forever put to rest…" covered Weaver's claim because it applied to "the care and treatment of Frankie Mae Vamper." Moreover, the Court found that it was immaterial the Release did not specifically mention the claims at issue, as North Carolina courts have long recognized that parties may release existing but unknown claims.